Pretrial publicity and civil cases: A two-way street?

Brian H. Bornstein · Brooke L. Whisenhunt · Deborah L Dunaway

29 citations0/0 files storedLaw and Human Behavior

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Jury Decision Making Processes Legal processes and jurisprudence Social and Intergroup Psychology

Abstract

Published pretrial publicity (PTP) research has been conducted almost exclusively with criminal cases and has focused on PTP that is detrimental to the defense. The current research examined the effects of PTP in a civil case to determine if PTP can have a biasing effect against either the defendant or the plaintiff in civil litigation. In Experiment 1, participants exposed to PTP biased against the defendant were more likely to reach a liable verdict than participants who read a control article or PTP biased against the plaintiff Experiment 2 demonstrated that a judicial admonition did not reduce the biasing effect of PTP about a civil defendant. However, participants given the admonition both before and after the trial evidence viewed the defendant as less culpable than participants given the admonition after the trial only or not at all. The implications for the legal system are discussed.

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References

1966Behavioral sciences and the law.1999The ecological validity of jury simulations: Is the jury still out?1996The More You Ask For, the More You Get: Anchoring in Personal Injury Verdicts 1997Illuminations and shadows from jury simulations.1990Pretrial publicity, judicial remedies, and jury bias.1999The effects of pretrial publicity on juror verdicts: A meta-analytic review.1992Handbook of Psychology and Law 1979On the requirements of proof: The timing of judicial instruction and mock juror verdicts.

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2005Communication Law and Policy: The State of Research and Theory 2018From the Headlines to the Jury Room: An Examination of the Impact of Pretrial Publicity on Jurors and Juries

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